What has to be on the record to show you are entitled to collect your attorney fees from the other side? West Palm Beach appeals case decided on August 19, 2015.

Uncategorized • Aug 19, 2015

In West Palm Beach you may have a right to collect your attorney’s fees if you are the prevailing party in probate or civil court. Do you know whether or not you are entitled to fees under a contract or Florida Statute? Know the facts before you get into the heat of litigation and run up a bill. If its too late though and you lost your claim for fees can you appeal? Check out this case out of the Fourth District Court of Appeal, the decision was just filed today on August 19, 2015.

Attorney Fees

If you want to collect your attorney’s fees you may want to read more.
First of all you do not automatically get fees just because you are the prevailing part or winner of a lawsuit.
If you are involved in a trust dispute there may be a clause entitling you to fees.
Other wise you may have to rely on Florida Statutes to find an entitlement to fees.
The Florida Trust Code, Florida Probate Code and other Florida Statutes have certain sections that entitle a prevailing party to collect attorney’s fees.
You may also be able to collect attorney’s fees for part of the litigation do you know how?

Offers of Judgment

If you are about to go to trial you may want to consider filing an offer of judgment or compromise with the trial court.
In Florida if you lose at trial but the offer was within a certain percentage you may still be entitled to fees because the offer was reasonable.
Have you filed an offer of judgment prior to trial?

Sanctions

Another way to cover part of the litigation expenses is to pursue sanctions.
You may want to read Fla. Stat. 57.105 and see if the other party is pursuing improper litigation.
Improper and tedious litigation can get expensive and you do not have to be stuck with the bill in West Palm Beach.

Proving Your Entitlement to Fees

If you want to get fees you will have to petition the court within the time limits.
What will you have to show the court?
Check out this recent appeal from the Fourth District Court of Appeals in West Palm Beach.

Bis v. U.S. Bank Nat. Assoc.

This was an appeal from a foreclosure action that was voluntarily dismissed by the creditor/bank.
The borrower then requested attorney’s fees for the cost of defending the litigation for years.
On appeal the court found that denying the homeowner’s motion for fees was improper even though parts of the record were missing.
Experienced Palm Beach probate litigators know that you do not want to end up defending your claim for fees on appeal, get it right the first time.
Are you concerned that you do not know what to put on the record to show an entitlement to fees?

Want to learn more about attorney fees in West Palm Beach?

Check out the entire case by clicking here.